Judgment of the General Court of 22 May 2012 - Kraft Foods Global Brands v OHIM - fenaco (SUISSE PREMIUM)
(Case T-60/11)
(Community trade mark - Opposition proceedings - Application for Community figurative mark SUISSE PREMIUM - Earlier Community figurative mark Premium - Absolute ground for refusal - No likelihood of confusion - Opposition rejected - Article8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Kraft Foods Global Brands LLC (Northfield, Illinois, United States) (represented by: M. de Justo Bailey, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Manea, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: fenaco Genossenschaft (Bern, Switzerland) (represented by: P. Koch Moreno, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 11 November 2010 (Case R 522/2010-1) concerning opposition proceedings between Kraft Foods Global Brands LLC and fenaco Genossenschaft.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Kraft Foods Global Brands LLC to pay the costs.
____________1 - OJ C 103, 2.4.2011.